September 4, 2103 (JUBA) – The investigation committee formed by South Sudan president Salva Kiir to probe the alleged un-procedural transfer of $7,959,400 to Daffy Investment Group has recommended criminal proceedings against Deng Alor Kuol, the former cabinet affairs minister.
- South Sudan former cabinet affairs minister Deng Alor Koul(Photo: Moses Lomoyat)
Kuol and ex-finance minister, Kosti Manibe Ngai, had their immunities lifted by the president for alleged involvement in the transfer of money meant for the purchase of 62 fire resistance safes.
The probe team, however, said it found no evidence of criminal responsibilities against Manibe and his deputy, Marial Awou Yol.
A draft of the report, obtained by Sudan Tribune, also implicates Gaddhaffy Athorbei, owner of the Kenyan-based company for involvement in the “un-procedural” transfer of the money.
An equivalent of SSP 23,578,131, its says, was un-procedurally transferred from the treasury of South Sudan on 9 February, 2013 to the said company’s Account No. 2027165853 at Barclays Bank in Nairobi, Kenya.
Kiir, on 18 June, issued an order for the formation a committee to investigate the duo and two other finance officials over the matter, with the committee findings expected within 60 days.
The five-member committee was headed by Justice John Gatwic Lul, the current chairperson of South Sudan Anti-corruption Commission (SSAC).
But the committee, in a press release issued 53 days after it was formed, said it was not a “trial court” as perceived by sections of the public.
"We are not a court or a tribunal of any kind. Investigation committees all over the world do not sentence to imprisonment those being investigated,” partly reads the release signed by Justice Lul.
"A committee is composed of fact finding and then making its recommendation", it added.
The former cabinet affairs minister, Justice Lul said, requested for the purchase of the safes, which were eventually paid for by the finance ministry, with the former finance minister, his deputy and senior officials involved in the process.
- FILE - South Sudan’s Minister of Finance and Economic Planning, Kosti Manibe Ngai, at a briefing for the news media on April 20, 2013 in Washington, D.C. (IMF Photo/Cliff Owen)
Meanwhile, the investigation committee said it established no element of forgery in this case, saying forgery involves falsification of documents which is not the case.
It, however, stressed there was clear evidence by those involved to defraud the government of South Sudan, contrary to section 341 of the Penal Code 2008.
Last year, president Kiir wrote to 75 officials asking them to account for about $4m said to have been unaccounted for by those who previously served the country. The president also vowed to pardon those who voluntarily return the stolen funds.
CHRONOLOGY OF EVENTS
- 10.02.2012 - The Council of Ministers deliberated and passed a resolution No. 33/2012 concerning the fire that gutted the office in the residence of the president and other important government institutions
- 10.02.2012 - The Secretary General (SG) circulated the Council of Ministers resolution No. 33/2012 about the general inspection of electrical wiring of all Government offices and houses
- Feb/March 2013 - Ministry of Electricity and Dams (MoED) and the Ministry of Housing and Physical Planning (MoHPP) carried out inspection and issued a report
- 26.11.2012 - Managing Director (MD), Daffy Supplies International (DSI) responded to the Minister of Cabinet Affair’s (MoCA) request to procure fire-resistant safes
- 28.11.2012 - Deng Alor wrote to Marial Awou Yol, Deputy Minister of Finance requesting payment for the safes
- 28.11.2012 - Marial Awou directed the First Undersecretary of the MoFEP to ‘take necessary action to install the safes to government offices while payments awaits improvement in the financial situation of the country improves’
- 4.12.2012 - First Undersecretary passed the request to the Director General (DG) for Administration and Finance of the MoFEP for ‘necessary action’,
- 4th and 5th .12.2012 - Director General for Administration and Finance and the Undersecretary Ministry of Finance signed payment claim form - non salary
- 25.01.2013 - The Managing Director of Daff Supplies International wrote to the First Undersecretary of the MoFEP requesting payment.’
- 28.01.2013 - Minister of Finance directed the First Undersecretary to bring claim to the cash allocation meeting for allocation
- 28.01.2013 - The First Undersecretary directed the DG of Accounts as instructed by the Minister
- 5.02.2013 - Minister of Finance once again directed the Undersecretary of Planning to bring the said request to the Cash Management Committee on 6.2.2013
- 7.02.2023 - The Undersecretary sought advice from the Acting DG of Accounts about the nature of the claim
- 7.2.2013 - The Acting DG responded that the claim concerned installation of important security equipment for the Ministry of Cabinet Affairs
- 8.02.2013 - After meeting the Minister of Finance, the Undersecretary passed the claim to the Acting Director General for Accounts for payment
- 8.02.2013 - Acting Director General of Accounts acted accordingly
- 9.02.2013 - Undersecretary and the Acting DG for Accounts singed Transfer letter No. 2869, directing the Governor of the BoSS to transfer USD 7,959,400 to DIG
- 26. 02.2013 - BoSS transferred USD 7,959,400 to Daffy Investment Group Account No. 202716853 at Barclays Bank in Nairobi, Kenya
- 7.03.2013 - Barclays Bank staff approached the Embassy of South Sudan in Nairobi to verify the money
- 8.03.2013 - Staff of the Embassy of South Sudan contacted authorities in Juba about the USD 7,959,400
- 13.03.2013 - Minister in the OoP requested the Minister of Finance and the Governor of BoSS to retrieve USD 7,959,400 from Kenya
- 21. 04.2013 - USD 6,959,400 was retrieved and brought back to South Sudan from Kenya
- 18. 06.2013 - Presidential Order issued forming an Investigation Committee to investigate the case of un-procedural transfer of USD 7,959,400
- 26 06.2013 - Members of the Investigation Committee took oath of office
- 02.07. 2013 - Investigation Commenced its work
- 29. 07.2013 - Mr. Gaddhaffy Athorbei, the Managing Director of DIG, paid back USD 1,000,000, into the block account No. 002 6921 0001 076 in BoSS
- 04. 09.2013 - Investigation Committee submitted its report to H.E. the President.